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Audi Finance Excess Milage Charge - Blake Morgan Court Claim £5674.55

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  • Audi Finance Excess Milage Charge - Blake Morgan Court Claim £5674.55

    Hi all

    I was after some help and advise please. I cancelled my previous PCP car finance deal with Audi finance with a VT once I had paid up to the usual mid point which allowed me to cancel with no further charges. My car was way over mileage, I took out a 10,000 pa mileage deal and actually drove approx 30,000+ pa, so Audi finance were writing to me for payment of excess mileage of £5674.55. I wrote back to Audi initially stating that under the terms of the consumer credit act I had VT'ed my agreement and no further payment was due. They then passed the debit over to Blake Morgan, whose letters I have ignored and now they have just sent me a County Court Claim for £5704.48

    The particulars of the claim state that I entered into the Consumer Credit act 1974 and the defendant has suffered loss and damage being the sum of £5674.55. The claimant has demanded that the defendant pay the sum outstanding in accordance with the terms of the financial agreement. However the defendant has failed to do so and the claimant claims the sum of £5674.55 with contractual interest at 3.85% per annum and further interest on a daily basis until payment, together with the costs on an indemnity basis pursuant to the agreement.

    I can see there is an excellent amount of information provided on this site and was wondering if you could help me with what to write in disputing this claim and do you think I have a good chance disputing this claim? As an interesting aside, I only entered into this agreement on a low mileage basis because I was told by Audi Finance on the phone that excess mileage charges weren't payable if I VT'ed my agreement. I'm sure this will be strongly denied by Audi though!

    Many thanks
    Tags: None

  • #2
    Hello

    First of all have you acknowledged the claim?

    A bit naive of you to ignore the letters, people don't instruct solicitors if they are not intending to take legal action so you should be engaging at the earliest opportunty.

    Are the particulars of claim you've written verbatim? If not, please can you post up what the particulars word for word.

    You've fallen into the usual trap of relying on the sale advisor's word - If you are relying on something as significant as this, always always get it in writing, and if they refuse then that should set off alarm bells. The onus is on you to prove that's what Audi Finance have said and if you have nothing to prove, don't expect a judge to believe you.

    As for your prospects, I think there is still a reasonable chance of successfully defending the claim but the problem is that the particulars of claim are so poorly drafted that you don't know exactly the basis of their claim, so you don't actually know how to defend the claim and what it is they are alleging.

    If I was in your position, I would be making a swift application to strike out the claim because the particulars discloses no reasonable cause of action. Looks to me that the particulars are a copy and paste job and I suspect Blake Morgan have done the bare minimum on drafting the particulars as that would eat into the costs of Audi having to pay solicitor fees.

    Now, if I was in your position, I would be looking to make an application to the court asking them to strike out the claim altogether because the particulars discloses no reasonable cause of action. Particulars of claim have to have the necessary ingredients for a claim that is recognised by the court and their claim doesn't meet that standard. Amongst other things, they've omitted material facts (i.e. that you terminated the agreement) and they've not stated the cause of action e.g. is it a breach of contract or something else.

    Granted, a strike out application would cost you £255 but even if the court does allow the claim to proceed but orders Audi to provide detailed particulars, you should be able to get your £255 back because whilst they were successful in defending the application, it would not have been made if Blake Morgan were doing their jobs properly in the first place.

    If you don't fancy that route, then you can defend it and there is a draft defence I have around somewhere but you will need to adapt it suit your current situation.

    I should warn you, defending claims is not a stroll in the park and it will take a lot of time and resource on your part so be prepared to do that. If you choose to defend this half-heartedly then I have little sympathy for you if you end up losing and being ordered to pay up. It is possible for you to win, you just need to the effort in.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Hi Rob*

      Thank you for responding so quickly, no I haven’t responded, I only received the claim form at the weekend.*

      With a strike out application, can this stop the claim in one, or can they still come back with fourth information? If so I don’t understand why use a strike out application? *would it be best to go straight in with a defence based on their loss due to excess mileage.

      The particulars of claim is verbatim and very vague

      Thanks again for your help*

      Comment

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